Human rights challenges in addressing and countering the world drug problem

Source: International Drug Policy Consortium (IDPC)

In a landmark report Human rights challenges in addressing and countering all aspects of the world drug problem released this month, the Office of the United Nations High Commissioner for Human Rights (OHCHR) denounced the failure of punitive drug policies and the global ‘WarOnDrugs’, and called for a new approach based on health and human rights, including through the responsible regulation of drugs.

The report outlines human rights challenges in addressing and countering key aspects of the world drug problem. It also offers an overview of recent positive developments to shift towards more human rights-centred drug policies, and provides recommendations on the way forward in view of the upcoming midterm review of the 2019 Ministerial Declaration and to contribute to the implementation of the 2030 Agenda for Sustainable Development.

To implement the recommendations laid down by the High Commissioner, the civil society, on the IDPC initiative, calls on the international community to reform and rebalance the global drug control regime, and national drug laws and policies. A collective statement, signed by over 100 civil society organisations, including DPNSEE, calls on the international community to act on the UN human rights chief’s groundbreaking call for systemic drug policy reform.

Ann Fordham, Executive Director at International Drug Policy Consortium, analyses in this article key takeaways and significance of the report, noting how its call for transformative change includes an unprecedented recommendation on the responsible regulation of currently-illegal drug markets.

IDPC’s advocacy note highlights the major gains from the 2023 OHCHR report and provides recommendations to Member States and UN entities for its effective implementation.

 

UN resolution that doesn’t include “drug-free world”

From the Ann Fordham’s article published at the IDPC webiste

For decades, debates and political commitments on drug policy at the United Nations have been plagued by the goal of ‘achieving a society free of drugs’ (or ‘drug abuse’). This fantastical notion has underpinned unimaginable harm as governments all over the world have strived to eradicate drugs through draconian measures. Despite these efforts, the global market in illegal drugs grows ever larger, more robust and with a greater diversity of substances. In parallel, the human cost of the so-called ‘war on drugs’ continues to grow exponentially – a devastating crisis of mass incarceration, overdose deaths, extrajudicial killings and a litany of human rights violations that have impacted some of society’s most marginalised.

Last week the UN General Assembly made history by adopting a resolution on drugs that did not include the long-standing reference to ‘actively promote a society free of drug abuse’ for the first time in three decades. Not only was this overly simplistic, ‘war on drugs’-era notion absent from the text, but the resolution includes some of the strongest ever human rights language relating to drug policy, an aspect on which the main UN drug policy forum in Vienna (the Commission on Narcotic Drugs) has made little progress in recent years.

Resolutions on drug policy at the General Assembly have always been agreed by consensus, however this resolution broke new ground as it was adopted – for the first time in history – after a vote.

It was a reluctant breaking of the consensus with an unprecedented number of countries making statements before the vote in the 3rd Committee, many of them lamenting the need for a vote and noting their hope for a return to the usual consensus for future drug policy resolutions. Ultimately, when the resolution reached the plenary of the General Assembly, a total of 124 Member States voted in favour of the resolution, while 9 voted against, with 45 abstentions.

Overall, by emphasising human rights concepts and doing away with tired and ultimately harmful ideological objectives such as ‘a society free of drug abuse’, the resolution goes a long way towards refocusing international cooperation away from reducing illegal cultivation, production and drug trafficking and towards reducing the negative consequences of the global drug situation on individuals and communities.

Crucially, this progressive text was adopted by an overwhelming majority of Member States, with only 9 countries voting against it. This demonstrates that the ‘Vienna consensus’ has been an instrument to hold back progress on drug policy making, pushing the international community towards policies and narratives that are far more conservative than those of a majority of Member States.

Read more about in the article at the IDPC website following this link>>>.

 

United Nations & world leaders condemned for failure on drug policy, health and human rights

329 NGOs call for global leadership to halt global public health emergency and to end egregious human rights violations against people who use drugs.

As the 26th International Harm Reduction Conference comes to a close, hundreds of health professionals, academics, drug policy and human rights experts, frontline workers and people who use drugs released a statement calling on world leaders to urgently address the health and human rights crisis among people who use drugs.

Signatory NGOs shed light on the alarming public health emergency faced by people who use drugs. Between 2009 and 2015, the number of drug-related deaths rose by a worrying 60%. In 2015 alone, this culminated in a total of 450,000 deaths – an estimated 50 deaths every hour. The target to halve the incidence of HIV among people who inject drugs by 2015, set eight years ago, was spectacularly missed by 80%, and HIV prevalence increased by one third among people who inject drugs over the same period. Furthermore, globally, six in ten people who use drugs are living with hepatitis C, while 168,000 people who use drugs were reported to have died of an overdose in 2015 alone.

These health harms are preventable. The evidence, presented at the Conference this week, shows that harm reduction and human rights-centred drug policies can save lives, prevent the spread of HIV and hepatitis C, and promote the dignity and empowerment of people who use drugs. But this requires leadership from both governments and the UN.

Naomi Burke-Shyne, Executive Director of Harm Reduction International (HRI), said: ‘The evidence for harm reduction is indisputable. It is nothing short of disgraceful that governments continue to fail to support and invest in health services for some of the most marginalised people’.

The joint NGO statement also expresses serious concerns over the ability of the UN Office of Drugs and Crime (UNODC) to adequately lead the UN response on this issue. By its very mandate and construction, the UNODC remains more attuned to the law enforcement response to drugs. As a result, UNODC leadership has consistently failed to unequivocally champion harm reduction, human rights and decriminalisation, and has lost further creditability with repeated silence in face of egregious human rights violations. Today, people who use drugs continue to be victims of incarceration, compulsory detention, denial of access to healthcare, corporal punishment, institutionalised violence, stigma and discriminations, and – in the most extreme cases – extrajudicial killings.

In response to the vacuum of political leadership, NGOs conveying in Porto have called for global leadership to protect the human rights of a ‘population under attack’ and demanded that these unacceptable human rights abuses to come to an end.

Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC), stated: ‘just over ten years left for countries to meet their global commitment to champion health, reduce inequalities, and provide access to justice for all, as enshrined in the UN’s Sustainable Development Goals, there has never been a more urgent need to strengthen political leadership at all levels. Faced with the current crisis, complacency can no longer be tolerated’.

CND Wrap-up

The 62 Session of the Commission on Narcotic Drugs ended on Friday 22 March. It was a large event, with 2.400 participants, more than 130 Member States and representatives of over 90 civil society organisations and over 20 intergovernmental organisations. The CND 2019 was chaired by Ambassador Mirghani Abbaker Altayeb Bakhet of Sudan.

The meeting began with a ministerial segment on 14 and 15 March aimed at taking stock of the implementation of the commitments made to jointly address and counter the world drug problem.

The regular segment, which lasted for the full working week, agreed on 8 resolutions on various topics including strengthening forensic detection capability for synthetic drugs, promoting alternative development and measures to prevent transmission of HIV for women who use drugs.

Yury Fedotov, the UNODC Executive Director, underlined that “We need to enhance our efforts to bridge the gaps in addressing the persistent and emerging trends and challenges through the implementation of balanced, integrated, comprehensive, multidisciplinary and scientific evidence-based responses to the world drug problem.

The civil society was not so happy with the event. Even though it was clear and based on evidence that the target to “eliminate or significantly reduce” drug use and trafficking in 10 years is far from achieving, the declaration adopted at the ministerial segment doesn’t include a significant shift and genuine re-orientation of drug policies which is so much needed. The civil society strongly recommend ending punitive approaches towards vulnerable groups and individuals. Ann Fordham, the Executive Director of the International Drug Policy Consortium, speaking in the name of a global network of more than 180 NGOs including DPNSEE and several our member organisations, emphasized that “Ending punitive approaches towards those most vulnerable will require that global drug control going forward puts people and communities at the centre, and seeks to improve their living conditions, address their situations of vulnerability and protect their human rights, in line with the SDG vision of ‘leaving no one behind’.

Ann Fordham addressing the Ministerial segment of the 62 CND

The World Health Organisation proposal to reschedule cannabis from schedule IV (same class as heroin, with high abuse potential and no recognised medical value) to schedule I was not discussed with the explanation that it would “allow more time for Member States’ delegations to consider such a potentially radical decision”. But, it is clear that there is no consensus to adopt it and most probably it won’t be reached in a near future.

At the regular meeting, countries mainly glorify their results in fighting drug problem, and civil society organisations mainly appear only on side events so we started discussing if our presence there has a significant effect. As Péter Sárosi, Editor in Chief of the Drugreporter, well noted “Several member states still consider NGOs hostile forces who disturb the business-as-usual operation of the UN“. So, “Tons of expertise and knowledge is channelled to the sometimes rather dull conversations.

Two DPNSEE Board members, the Executive Director and a few representatives of member organisations participated in both segments the CND. It was a good opportunity to exchange with our partners, make new and build new contacts, present our work and learn about new developments. Most of the benefit was achieved at the side events and in informal contacts.

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The side events held on 21 March you may be interested to hear about:

Our recent news on 62 CND: